Opinion
No. 110122.
08-14-2015
STATE of Kansas, Appellee, v. Adam Levi ROTH, Appellant.
Korey A. Kaul, of Kansas Appellate Defender Office for appellant. Christopher E. Smith, county attorney, and Derek Schmidt, attorney general, for appellee.
Korey A. Kaul, of Kansas Appellate Defender Office for appellant.
Christopher E. Smith, county attorney, and Derek Schmidt, attorney general, for appellee.
Before PIERRON, P.J., HILL and McANANY, JJ.
MEMORANDUM OPINION
PER CURIAM.
The Kansas Supreme Court remanded this case for reconsideration in light of its recent decision in State v. Jolly, 301 Kan. 313, 342 P.3d 935 (2015). The only issue raised in this case was the denial of Adam Levi Roth's motion for downward departure from his sentence under Jessica's Law to a guidelines sentence. Jolly states:
“The proper statutory method when considering a departure from a Jessica's Law sentence is for the sentencing court first to review the mitigating circumstances without any attempt to weigh them against any aggravating circumstances. Then, in considering the facts of the case, the court determines whether the mitigating circumstances rise to the level of substantial and compelling reasons to depart from the otherwise mandatory sentence. Finally, if substantial and compelling reasons are found for a departure to a sentence within the appropriate sentencing guidelines, the sentencing court must state on the record those substantial and compelling reasons.” 301 Kan. 313, Syl. ¶ 5.
“In light of our interpretation of K.S.A. 21–4643(d), neither the district court nor an appellate court should weigh aggravating factors against mitigating factors in a Jessica's Law case.” 301 Kan. 313, Syl. ¶ 6.
In the instant Jessica's Law case' aggravated factors were weighed against mitigating factors. In light of Jolly, we remand this case as directed to the district court to make the necessary findings to comply with Jolly.